Sentencing and Plea Offers

Question 1

If a Defendant has 2 prior DWLS convictions and is now charged with a 3rd, what must be offered?

Answer 1

At least a 10 day mandatory minimum jail sentence

Question 2

When offering probation in a plea offer, what costs must be included?

Answer 2

$65 for the first month and $55 for all subsequent months

Question 3

What is the purpose of victim restitution?

Answer 3

To put the victim back where they were before the crime, not to enrich or compensate the victim.

Question 4

What major item is required for a Defendant to be eligible for the deferred prosecution program?

Answer 4

Victim consent

Question 5

What is the rule for when a battery may be charged as a felony?

Answer 5

A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree

Question 6

Can otherwise inadmissible convictions be used during sentencing?

Answer 6

Yes

Question 7

Can juvenile convictions be used in court? Can they be used to upfile misdemeanors to felonies?

Answer 7

No and no.

Question 8

When offering probation, should a specific timeline for the defendant to enroll in probation be given?

Answer 8

Yes, otherwise the defendant can kick the can down the road and not enter probation until later than optimal, potentially resulting in further criminal activity before probation begins.

Question 9

When an offer for a diversion program is accepted, should a provisionary hearing to ensure the defendant’s compliance be set?

Answer 9

Absolutely.

Question 10

When there are multiple charges, is it preferable to give a plea offer for each charge, or to give a global offer?

Answer 10

It is preferable to give a global offer.

Question 11

Can prior DWLS charges for which adjudication was withheld be considered in determining whether to apply the 10 day minimum jailtime rule for DWLS?

Answer 11

Yes.

Question 12

Can plea offers be made in the alternative? i.e. Jail time -or- Probation et cetera

Answer 12

Yes.

Question 13

Can conditions such as No Contact with Victim, ankle monitoring, etc be applied to defendants without probation?

Answer 13

No. If probation is not being offered, the court cannot order the defendant to submit to other conditions.

Question 14

When and why can a plea offer be revoked?

Answer 14

At any time, for any reason.

Question 15

Does a Plea Offer Letter need to be conveyed to a victim?

Answer 15

Yes, in scenarios in which we have an intake (purple sheet) from the victim.

Question 16

Does acceptance of a DPP offer waive speedy trial?

Answer 16

Yes.

Question 17

What is the Cost of Investigation for a DUI?

Answer 17

$35 (not $25 per usual)

Question 18

When entering plea offers for multiple counts, do you have to list costs for every count?

Answer 18

No, just one.

Question 19

When there is a victim in the case, should restitution be considered?

Answer 19

Yes, any time there is a victim in a case, you should review the case to determine whether a request for restitution is appropriate.

Question 20

What is the max potential sentence on an M2?

Answer 20

6 months probation, 60 days county jail, or a $500 fine.

Question 21

What is the max potential sentence on an M1?

Answer 21

12 months probation, 1 year county jail, or a $1000 fine.